United States v. Pothier, No. 18-1561 (1st Cir. 2019)Annotate this Case
The First Circuit reversed Defendant's conviction for knowingly possessing child pornography in violation of 18 U.S.C. 2252(a)(4)(B), holding that the evidence was insufficient to prove beyond a reasonable doubt that Defendant, as opposed to other people, downloaded the pornography.
Law enforcement officers discovered that someone using an IP address registered to Defendant at a New Hampshire residence downloaded child pornography from a peer-to-peer file-sharing network and that two people in addition to Defendant received mail at that residence. While executing a search warrant, officers found Defendant's laptop computer, which was not password-protected and contained child pornography. The First Circuit reversed, holding that the government supported its case with insufficient evidence.